This User Agreement was posted in May 2018. It is effective and binding upon those users who accept it by Codisto products and services.
On Technology Pty Ltd and its brand Codisto (‘On Technology’) grants you non-exclusive limited license to use Codisto LINQ, Codisto Enterprise, Xpress Lister (‘Codisto’) and other products sold through our website http://codisto.com (‘Products’) in accordance with these Terms & Conditions (‘License’):
- LICENSE: Codisto extension/plugin code for Magento is licensed under the Open Software License 3.0 (OSL-3.0) http://opensource.org/licenses/OSL-3.0. Codisto extension/plugin code for WooCommerce is licensed under the GNU General Public License, version 2 https://www.gnu.org/licenses/old-licenses/gpl-2.0. Other ecommerce platforms use Codisto via an installed application and do not require Codisto extension.
- DELIVERY & INSTALLATION: Codisto can be installed and used as an application from certain ecommerce platforms, installed directly into certain ecommerce platforms or accessed via a cloud based portal.
- CONTENT: When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity and database rights (but no other rights) you have in the content, in any media known now or in the future. In addition to eBay & Amazon, we may also offer catalogues of stock images, descriptions and product specifications that are provided to other sales channels or marketplaces including our own.
- SOFTWARE UPDATES & SUPPORT: We will perform updates to the Products from time to time. However, you agree that we are under no obligation to perform, make or develop any specific enhancements to or customisation of the Products, although we may offer such enhancements to you during the Term of this Agreement. Support will be offered via the Codisto Support Portal and will be via email, chat or phone depending on your plan and access to customer support agents.
- OWNERSHIP: You may not claim intellectual or exclusive ownership rights to any of our Products. All Products are property of On Technology. They are provided "as is" without warranty of any kind, expressed or implied. We shall not be liable for any damages, including but not limited to, direct, indirect, special, incidental or consequential damages or losses that occur out of the use or inability to use our Products.
- REFUNDS: Where we are requested by Magento and WooCommerce merchants to install Codisto on their ecommerce environment, we will offer a refund of the installation fee if we determine we have failed to successfully install Codisto. This is at our absolute sole discretion to determine. No other refunds for installation or use fees will be given although you are free to cancel the subscription at any time to avoid future fees. Access to the product will cease from the date you fail to have a paid subscription. Please note that by subscribing to Codisto, you agree to the terms of the Refund Policy.
- LIMITED WARRANTY: Codisto will function in accordance with the product description on Shopify, BigCommerce, Ecwid, WooCommerce (version 4.0 through to the latest version) and Magento’s Community Edition and Enterprise Edition (versions 1.7 through to the latest version.). We do not warrant that it will function without errors on all themes or with all web browsers. We are not responsible for any plugin or theme compatibility conflicts that may occur. It is our policy to support our Products as best we can and we will provide support for third party plugin conflicts at our discretion or as time allows. We are not responsible for any data loss that may occur as a result of installing our Products. Save for this limited warrantee, On Technology offers its Products "as is" and with no implied meaning that they will function exactly as you would like or will be compatible with all third party components and plugins.
- TRANSACTIONAL EMAILS & PRIVACY: Codisto is committed to complying with applicable laws governing the collection and use of personal information and to protecting and safeguarding a Data Subject’s privacy when that person deals with us.
We may on occasion send you email notifications related to your Codisto account. These transactional emails may include notification of licensing changes, specific account information and other transactional emails related to your subscription to the Codisto service. By subscribing to the Codisto you agree to receive these transactional emails. We will absolutely never sell or share your personal with third parties. All data we collect will be used for internal purposes only. For more information see www.codisto.com/privacy.
- PRICING & BILLING: We reserve the right to change pricing at any time for any reason. We reserve the right to not honour typographical errors which may cause incorrect pricing on the website.
- ACCOUNT SUSPENSION: We reserves the right, at any time, to modify or discontinue, temporarily or permanently, with or without notice. Without limiting other remedies available to us at law, in equity or under this User Agreement, we may, without notice to you and in our sole discretion (which shall be exercised reasonably, having regard to the circumstances), delay listing or editing your item on eBay or Amazon or delay transmitting marketplace orders to your ecommerce platform, issue you a warning, restrict your activities through our site, temporarily or indefinitely suspend or terminate your account and refuse to provide our services to you if:
you have, or we believe that you have, breached the terms of our User Agreement or the rules and policies of any online marketplace including eBay & Amazon;
fail to pay our monthly subscription fees for any Product services that we provide you;
we believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our users, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents; or
if we reasonably believe that any of your information (which includes an item listed on the site) is inappropriate or of an offensive nature.
- LAW: This Agreement is governed by the laws of the State of New South Wales, Australia and the parties submit to the jurisdiction of the Courts of New South Wales, Australia for determining any dispute concerning this Agreement.
- GENERAL: The preceding terms & conditions govern the installation and sale of a subscription to our Products and is between you the subscriber or user and On Technology. By placing an order with us you acknowledge that you have read, understood, and agree with our terms & conditions. Please notify us prior to placing an order if you disagree with any of our terms & conditions. We reserve the right to alter these terms and conditions at any time for any reason.